Thursday, June 14, 2012

Historic Senate Hearing on the Employment Non-Discrimination Act

On Tuesday, June 12th, the Senate Committee on
Health, Education and Labor held a hearing on the Employment Non-Discrimination
Act (S. 811): the critical need for the legislation,
its intended role in workplace discrimination, and the likely effect of such
legislation regarding workplace discrimination based on perceived or actual
sexual orientation, gender identity and expression. The hearing
included testimony from experts in several fields, including Kylar Broadus, Founder of Trans People of
Color Coalition, and the first transgender individual to testify before the U.S.
Senate. Kylar’s presence represented an historic step forward in the
recognition of the need for LGBT equality, and was echoed by many Senators’
statements and the testimony of others on the panel.

The rest of the hearing showed how ENDA would promote
American values and economic growth. Senator Harkin, the Committee Chairman,
opened the discussion with a clear and simple statement: that “…it is long past
time to eliminate bigotry in the workplace and ensure equal opportunity for all
Americans. [LGBT] Americans are first-class citizens. They are full and welcome
members of our American family. And they deserve the same civil rights
protections as all other Americans.”

Lee Badgett, a noted Williams Institute researcher
and public policy expert, explained that employment
discrimination is a national, pervasive problem that causes incredible harm
to its victims. Too many LGBT individuals all across America lose not only
their jobs, but lifelong careers, simply because of their sexual orientation or
gender identity or expression. Badgett also testified how
passing ENDA would help businesses become more competitive, in contrast to what
many of ENDA’s opponents have stated. Other testimony came from Ken Charles, VP
of Diversity and Inclusion at General Mills, who testified that implementing
full LGBT equality and workplace protection at their company, far from incurring
costs, has increased
their productivity and competitiveness. This statement was supported by a
letter from over 90 major corporations declaring their support for ENDA and the
economic value it possesses, as well as statistics
from the Human Rights Campaign that show that 87% of Fortune 500 companies
have workplace protections for sexual orientation, and 41% include gender
identity protection. Charles called the absence of protections “a tax on
American productivity” and emphasized how important it is for employees to be
able to bring their full selves to work and not have to spend energy on
protecting their true identities. American values should focus on an
individual’s talent, work ethic and equality of opportunity, not the way they
choose to express their gender or who they choose to love.

Samuel Bagenstos, a law professor at the University of
Michigan Law School, explained that
ENDA would simply add sexual orientation and gender identity to employment
discrimination using the framework already upheld by courts for other protected
classes. He also emphasized key
points about ENDA’s religious exemptions, facts that were misconstrued by
Craig Parshall, an opposition panelist. Bagenstos explained how ENDA’s
religious exemptions are broader than any other civil rights legislation, and that
no company, organization, or institution would be required to hire LGBT
employees against their faith. Senator
Harkin emphasized this issue, pointing out that strict protections for
religious liberty were already clear and in place for anti-discrimination laws,
and that business owners and corporations shouldn’t let false fears about
religious liberty undermine workplace fairness and safety.

As PFLAGers, it’s clear to us that ENDA is life-saving
legislation, as it would allow hard-working Americans to rise to their full
potential and productivity instead of having to live in fear of being harassed
or fired. This message was illustrated by Kylar Broadus’ story, in which
he told of his own harassment and career loss due to his decision to
transition, harassment so severe he suffers from Post-Traumatic Stress Disorder
and crippling financial effects that are still pervasive 20 years after the
fact.

Take Action:Congress
must pass ENDA as soon as possible to implement necessary workplace protections
for LGBT Americans and help American businesses reach their full potential.
Please take action now
and tell your members of Congress that you support ENDA. Discrimination in the
workplace is morally wrong and bad for business. It’s time to ensure that all
Americans have the right to work and showcase their talents, regardless of
their sexual orientation or gender identity or expression.